As wireless regulation continues to evolve at the Federal and State levels in response to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, many local jurisdictions find themselves caught in a maze of interpretation to determine the appropriate procedures and policies that will ensure compliance. In many cases, local wireless ordinances haven’t been updated to establish a new framework, which further complicates the matter. Having a handle on the newly mandated deadlines, procedural rules, and latest legal interpretations can make all the difference for your organization.


Section 6409(a) permit requests are deemed granted unless acted on by the local jurisdiction within 60 days. This 60 day “shot clock” commences when the applicant submits an application for review. The FCC has established procedural rules for determining under what circumstances the shot clock can be stopped and re-started. Understanding how to appropriately apply and navigate the shot clock is critical for maintaining control of the process and guiding the outcome.


At Kapstone we have years of experience processing wireless applications and have worked with clients to update their wireless ordinances and establish procedures/standards for compliance with Section 6409(a). Through this process, we’ve built relationships with key players in the wireless industry to collaborate and build consensus. Our expertise in current Federal/State regulation coupled with our network of experienced professionals makes us uniquely qualified to advise on the various frameworks and procedures that can be put in place for your organization to successfully handle 6409(a) requests within the new limits and restrictions imposed by federal law. Additionally, we offer case processing services for 6409(a) requests, managing the process on your behalf from beginning to end.   


We partner with leading technology advisors and attorneys in the telecom industry that can handle all areas of technical review associated with wireless applications, including analysis of:

  • RF Studies
  • Wireless ordinance preparation/consulting
  • Siting of facilities/equipment
  • Guidance for wireless leases on government property
  • Legal opinions